Stay Tuned with Preet The Abortion Pill on SCOTUS’s Shadow Docket (with Mary Ziegler)
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May 12, 2026 
Mary Ziegler, a law professor and reproductive rights expert, explains the legal battles over mifepristone. She walks through the major court rulings, standing and scientific-review disputes, and the surprising Comstock Act arguments. She also unpacks how the Supreme Court is handling the case on its shadow docket and what that procedural posture could mean going forward.
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How The Mifepristone Fight Reached The Fifth Circuit
- Louisiana sued claiming the FDA lacked authority in 2023 to permit telehealth access to mifepristone and the district court felt Louisiana was probably right.
- The Fifth Circuit issued an immediate nationwide block on telehealth mifepristone access, which the Supreme Court paused.
Standing Dispute Hinges On Traceable State Harm
- Major standing arguments: Louisiana says federal telehealth policy prevents it from enforcing state abortion laws and cites Medicaid costs for two emergency visits.
- Defendants argue those harms aren't traceable to FDA action and federal policy can override state law.
Science Review And Old Mail Laws Are Also In Play
- Beyond standing, challenges target whether the FDA adequately reviewed adverse-event science and invoke an 1800s Comstock-style law banning mailed abortion-related items.
- Justices Alito and Thomas have shown interest in the mail/Comstock argument in prior rounds.